Shares and Other Securities in the Conflict of LawsOxford University Press, 2003 - 358 pages This book examines the problems of choice of law where transactions cross borders and involve shares or other securities of different nationalities. It considers dealings in securities under the traditional direct holding system and under the modern system of holding through intermediaries. Various theories and legislative reforms have been suggested in an attempt to resolve these two methods, and the book examines the extent to which they provide a viable solution. |
Contents
The Present State of the Common | 4 |
THE PRESENT STATE OF THE COMMON LAW 1 | 8 |
THE EFFECT OF INSOLVENCY 9 | 9 |
Analysis of Choice of Law Rules which have been | 13 |
WHAT IS A SHARE? 3 01 | 43 |
What is a Share? | 44 |
Transfers or Assignments and Pledges of Shares | 52 |
Characterization | 62 |
87 | 129 |
Assignments and Collateralization | 158 |
The Effect of Insolvency | 202 |
Statutory Intervention | 210 |
EUROPEAN LEGISLATION 12 01 | 223 |
European Legislation | 226 |
to Certain Rights in respect of Securities Held with | 283 |
Comparison of Choice of Law Treatments | 310 |
CHARACTERIZATION 5 01 | 64 |
CHOICE OF LAW APPROACHES FOR DEALINGS | 85 |
The Indirect Holding System | 88 |
ANALYSIS OF CHOICE OF LAW APPROACHES FOR | 92 |
43 | 114 |
Reformulation of Choice of Law Rules | 322 |
| 333 | |
| 345 | |
Common terms and phrases
applicable law applying the law approach Article 9 Article 9(2 assignment Auld LJ bearer shares Chapter characterization Cheshire and North choice of law choses in action Collateral Directive collateral provider collateral security collateral taker conflict of laws connecting factor considered Court of Appeal debtor determine Dicey & Morris effect English court English law Euroclear Finality Directive floating charge holder immediate intermediary indirect holding system insolvency law insolvency proceedings Insolvency Regulation intangibles issuer is incorporated jurisdiction of incorporation Law Applicable law rule law which governs lex situs London Bank Macmillan negotiable perfection requirements priority proper law proposed Hague Convention proprietary question Raiffeisen Zentralbank relevant intermediary Revised Articles Rome Convention rule in Article securities account securities held security entitlement security interest shareholder situs rule Staughton LJ thing was created third parties tion transaction transfer Treasurer of Ontario trust validity Widget Widget Co